LAW 4110

Employment Law

Team Assignment II:

Termination Case Study

In this assignment, your team will analyze the case below, and submit one briefing memorandum

and one annotated bibliography to support your analysis. Your analysis must be based on your own thoughts, as supported by references to legislation, literary resources (at least two academic journal articles) and case law (at least three cases). The briefing memorandum and the annotated bibliography will be submitted together by each team and will be graded as one assignment.

The case to be studied is:

Carleton Village is a small retirement and long-term care home in Ottawa, Ontario. It has 75 employees and an annual payroll of $2 million. None of the employee are unionized.

Ryan is a registered nurse at Carleton Village. He works on the night shift. He is 59 years old and has been working at Carleton Village for 10 years.

Recently, Rhiannon started to work as a registered nurse at Carleton Village on the day shift. Ryan spoke with her often at shift changes, and the two developed a romantic interest in each other. They started dating, but things quickly went downhill. Ryan became jealous of Rhiannon's male friends, and Rhiannon broke up with him. Ryan had difficulty accepting that the relationship was over. He began to call Rhiannon constantly, trying to pressure her into rekindling their relationship. He began to send her many text messages each day, often starting as soon as he finished his night shifts. The text messages were rude and demeaning. Rhiannon often left work crying after having received one of Ryan's texts, and she worried about receiving discipline for leaving her shifts early.

Finally, Rhiannon had had enough. She told Carolyn, the Human Resources Manager for Carleton Village, what was going on.

Carolyn is not sure what to do. She comes to you, a human resources consultant, for advice. She would like to terminate Ryan due to his unprofessional behaviour, but she wants to avoid a "messy fight" with Ryan. Carolyn needs you to brief her on options for termination, and any associated financial risks.

Make sure that your team fully addresses the following issues in your briefing memorandum to the CEO:

1.Under theEmployment Standards Act, 2000, how many weeks of notice of termination or pay in lieu of notice, if any, must Carleton Village give Ryan?